Orlando Criminal Record Expunging & Sealing
Expunging and Sealing a Florida criminal record has become increasingly important for our clients who wish to enhance their prospects for employment advancements, college admission, obtaining a professional license and even qualifying for housing (mortgages and apartments). Tilden Law represents clients in Orlando and the surrounding Orange County and Seminole County area who are seeking to completely erase their criminal past and start again with a clean slate. Contact Tilden Law for a free case evaluation to determine whether you qualify for a criminal records sealing or expungement.
Are there Different Types of Record Expungements?
There are three (3) different types of criminal records expunctions:
Administrative Expungements: Florida law allows for administrative expungements of criminal records where an individual is “incorrectly” arrested or arrested due to “mistaken identity” or identity theft. Unlike other types of expungements, there is no limit to the number of times someone can seek an administrative expungement nor does it count against any prior or future expungement or sealing petitions.
Juvenile Expungements/Sealing: Like the Administrative Expungement, Juvenile Expungements or Sealing of criminal records generally is not counted against the ability to seek future expungements or record sealing. Florida statutes specifically outline the qualifying offenses or crimes eligible for criminal record expungement (not all juvenile offenses are eligible for expungement or sealing). Additionally, a juvenile must complete a diversion program in order to qualify for his/her record being sealed or expunged and petition for an expungement within six (6) months after program completion.
Adult Record Expungement: Adult criminal records expungement and criminal records sealing is the most often petitioned for type of records expungement. The majority of this page is dedicated to this type of expungement unless otherwise noted.
What will Appear on My Record After the Expungement?
Once the criminal records expungement process is complete, your criminal record will appear as if you were never arrested. Furthermore, you will be able to truthfully state that you were never arrested nor prosecuted for any expunged offense. Private employers, colleges and the general public will not have access to any sealed or expunged criminal records. Some government agencies however, will always be able to access sealed or expunged criminal records.
How Long will the Sealing or Expungement Process Take?
The sealing or expungement process can take, on average, anywhere from three (3) to nine (9) months to complete. Because of the various agencies involved (State Attorney, FDLE and Court) it is not possible to give an exact or definite time to complete this process.
How Many Times Can I Have My Criminal Records Expunged or Sealed?
Under Florida law an adult may only have his/her criminal records expunged or sealed once unless he/she had a record expunged as a juvenile through a qualified diversion program. Additionally, mistaken arrests may be administratively expunged without using your one opportunity.
How do I Qualify for a Sealing or Expungement?
Florida Law requires that the petitioner seeking to expunge a criminal record file an application with the Florida Department of Law Enforcement (FDLE) declaring the following eligibility criteria:
- You have never been adjudicated guilty of a Felony or Misdemeanor offense, either as an adult or as a juvenile.
- You have never previously sealed or expunged a criminal arrest record.
- You are not currently on any type of court supervision such as probation, community control, or house arrest.
- You were not adjudicated guilty of committing any of the acts stemming from the arrest or alleged criminal activity for which you are seeking sealing or expungement.
- The criminal arrest record you are seeking to expunge or seal is not listed below in our Ineligible Offenses section.
- Furthermore, if you were arrested, the Office of the State Attorney declined to file “formal” charges against you. If formal charges were filed against you, these charges must have been either dismissed by the State Attorney, Court or through a pre-trial diversion program/deferred prosecution agreement.
Are there Crimes/Offenses that Can’t be Expunged or Sealed?
Yes. Listed below are specific criminal offenses (alphabetic order) that are ineligible for criminal record expungement unless the charge was dismissed, dropped or you were found Not Guilty.
- arson – F.S. 806.01
- aggravated assault – F.S. 784.021
- aggravated battery – F.S. 784.045
- burglary of a dwelling – F.S. 810.02
- carjacking – F.S. 812.133
- child abuse – F.S. 827.03
- child, sex with 12 to 18 years old, by family member – F.S. 827.071
- communications fraud act violations – F.S. 817.034
- domestic violence (resulting in injury) – F.S. 741.28
- drug trafficking offenses – F.S. 893.135
- illegal drug manufacturing – F.S. Chapter 893
- elderly abuse, or abuse of a disabled person – F.S. Chapter 825
- hijacking of an aircraft – F.S. 860.16
- illegal use of explosives – F.S. 790.001
- kidnapping – F.S. Chapter 787
- lewd or lascivious offenses in the presence of persons less than 16 – F.S. 800.04
- lewd or lascivious offenses on or in presence of an elderly or disabled person – F.S. 825.1025
- luring or enticing a child – F.S. 787.025
- manslaughter – F.S. 782.07
- murder – F.S. Chapter 782
- obscenity – providing obscene material to minors – F.S. 847.0133
- obscenity – computer pornography – F.S. 847.0135
- obscenity – selling or buying of minors for pornography – F.S. 847.0145
- procuring a person under 18 for prostitution – F.S. 796.03
- certain offenses by public employees or public officials – F.S. Chapter 839
- robbery – F.S. 812.13
- home invasion robbery – F.S. 812.135
- stalking and aggravated stalking – F.S. 784.048
- sexual battery – F.S. Chapter 794
- sexual misconduct – F.S. 916.1075, 393.135, 394.4593
- sexual performance by a child – F.S. 827.071
- terrorism – F.S. 775.30
- voyerism – F.S. 810.14
Call toll free at (877) 388-9595 or locally at (407) 599-1234 or Contact the criminal defense firm Tilden Law to schedule a free case evaluation. Out of state clients are welcome and weekend and evening appointments are available.
Contact Criminal Defense Attorney N. Fleetwood Tilden – Free Initial Consultation
Criminal Defense Lawyer N. Fleetwood Tilden fights for clients in Orange County and Seminole County.
Call 407.599.1234 to speak with a highly experienced Central Florida attorney.